[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Pages 6214-6215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02914]



Notice of Lodging of Proposed Second Amendment to Consent Decree 
Under the Clean Air Act

    On February 7, 2018, the Department of Justice lodged a proposed 
Second Amendment to Consent Decree (``Second Amendment'') with the 
United States District Court for the Southern District of Illinois in 
the lawsuit entitled United States, et al. v. Gateway Energy & Coke 
Company, et al., Civil Action No. 3:13-cv-00616-DRH-SCW.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, filed a complaint under the Clean Air Act asserting claims 
relating to two Midwestern heat recovery coking facilities, one of 
which is located in Granite City, Illinois (the ``Gateway Facility''), 
and the other of which is located in Franklin Furnace, Ohio (the 
``Haverhill Facility''). The United States sought civil penalties and 
injunctive relief against the owners and operators of the Gateway and 
Haverhill Facilities, the Haverhill Coke Company, LLC, SunCoke Energy, 
Inc., and the Gateway Energy & Coke Company, LLC. The States of 
Illinois and Ohio are co-plaintiffs in this action, and sought 
injunctive relief and civil penalties under corresponding state laws as 
to the Gateway Facility and Haverhill Facility, respectively.
    On November 10, 2014, the Court entered a Consent Decree that, 
inter alia, required (1) installation of heat recovery steam generators 
(``HRSGs'') to provide redundancy that will allow hot coking gases to 
be routed to a pollution control device instead of vented directly to 
the atmosphere in the event of equipment downtime, and (2) installation 
of continuous emissions monitors for sulfur dioxide at one bypass vent 
per process unit (two at the Haverhill Facility and one at the Gateway 
    The Consent Decree allows Defendants 720 hours of ``tie-in'' time 
to complete installation of the Redundant HRSGs. Defendants have 
represented that installation and operation of the Redundant HRSGs have 
exacerbated corrosion-related issues at the spray dryer absorbers 
(``SDAs''); therefore, Defendants need to replate the SDAs to upgrade 
their metallurgy and to make them more corrosion-resistant, as well as 
assist in effective operation of the SDAs. To that end, the Second 
Amendment would allow Defendants to use tie-in hours to address the 
corrosion at the SDAs, while at the same time requiring Defendants to 
mitigate the excess emissions associated with the replating project.
    As to mitigation, the Second Amendment requires Defendants to: (1) 
Meet lower bypass venting emissions limits relating to sulfur dioxide 
at both the Gateway and Haverhill Facilities than were required by the 
Consent Decree, and seek to incorporate such lower limits into 
construction permit(s) and Title V operating permits; and (2) continue 
to operate the flue gas desulfurization units at the two facilities to 
over-control sulfur dioxide, particulate matter, lead, and, as to the 
Haverhill Facility, hydrochloric acid emissions from the main stacks 
by, among other things, injecting excess lime slurry into the SDAs. The 
proposed Second Amendment would also streamline reporting obligations 
under the Consent Decree, and add reporting requirements relating to 
mitigation of excess emissions resulting from the SDA replating 
    The publication of this notice opens a period for public comment on 
the Second Amendment. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States et al. v. Gateway Energy & Coke Company, 
et al., D.J. Ref. No. 90-5-2-1-10065. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

[[Page 6215]]

         To submit comments:                     Send them to:
By email............................  [email protected]
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.

    During the public comment period, the Second Amendment may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Second Amendment upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $4.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-02914 Filed 2-12-18; 8:45 am]